Estimated studying time: 3 minutes
Final week introduced headline-grabbing information that had lots of people celebrating. And loads of gun homeowners scratching their heads.
President Donald Trump signed an government order reclassifying hashish from a Schedule I managed substance to Schedule III, a transfer that opens the door to expanded medical analysis and indicators a shift in federal drug coverage.
However if you happen to’re a gun proprietor, or hoping to develop into one, William Kirk, president of Washington Gun Legislation, says the quick reply is straightforward:
This adjustments nothing for firearms possession.
In a current breakdown, Kirk explains that whereas hashish has been reclassified, it has not been legalized on the federal degree. That distinction issues as a result of below federal legislation, marijuana stays an illegal managed substance, no matter what particular person states permit.
The issue lives squarely inside 18 U.S.C. § 922(g)(3), which prohibits anybody who’s an “illegal consumer of or hooked on any managed substance” from possessing firearms. And right here’s the important thing level: that statute applies to all managed substances, whether or not they’re Schedule I, II, III, IV, or V.
So transferring hashish to Schedule III doesn’t take away it from the checklist. It simply strikes it round on the checklist.
Kirk additionally factors to the real-world choke level for gun consumers: ATF Type 4473.
Query 21F asks whether or not the customer is an illegal consumer of marijuana or every other managed substance. Proper under it’s a warning that makes the federal place crystal clear: marijuana stays unlawful below federal legislation, even when your state says in any other case.
That warning continues to be correct after reclassification. And meaning the shape isn’t altering.
Gun homeowners are left with what Kirk calls a Hobson’s alternative. Reply “sure,” and the firearm switch stops instantly. Reply “no” whereas knowingly utilizing hashish, and also you’ve probably dedicated a federal felony by mendacity on the shape.
Reclassification does convey advantages. Primarily, permitting extra federally funded analysis into potential medical makes use of of hashish. Nevertheless it doesn’t legalize leisure use, doesn’t legalize medical use federally, and doesn’t raise the firearm prohibition.
In accordance with Kirk, there are solely two methods this case adjustments:
Congress amends the Gun Management Act of 1968, or the ATF radically reinterprets § 922(g)(3).
Each outcomes, he says, are extremely unlikely within the close to time period.
Backside line: if you happen to’re a lawful gun proprietor who doesn’t use hashish, this government order means nothing to you. And if you happen to do use hashish, the authorized threat hasn’t modified one bit.
As Kirk places it, schooling (not celebration) is the actual takeaway right here. Realizing the legislation stays a part of being a accountable gun proprietor.
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